24Making an assessment order

24 Making an assessment order

(1)  A medical practitioner may make an assessment order in respect of a person in, and only in, the following circumstances:

(a) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(b) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] .  .  .  .  .  .  .  .  

(c) the medical practitioner must have examined the person;

(d) [Section 24 Subsection (1) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] the examination must have been done in the 24-hour period immediately before the assessment order is made;

(e) the medical practitioner must be satisfied from the examination that the person needs to be assessed against the assessment criteria;

(f) the medical practitioner must be satisfied that a reasonable attempt to have the person assessed, with informed consent, has failed or that it would be futile or inappropriate to make such an attempt.

(2)  [Section 24 Subsection (2) substituted by No. 59 of 2016, s. 12, Applied:01 Jul 2017] A medical practitioner may make an assessment order authorising a patient's admission to and, if necessary,detention in an approved hospital.

(3)  [Section 24 Subsection (3) amended by No. 59 of 2016, s. 12, Applied:01 Jul 2017] Despite subsection (2) , a medical practitioner is not to make an assessment order authorising a patient who is a child to be admitted to and, if necessary, detained in an approved hospital unless the medical practitioner is satisfied that the hospital –

(a) has facilities and staff for the assessment of the patient; and

(b) [Section 24 Subsection (3) amended by No. 4 of 2023, s. 57, Applied:25 Sep 2023] is, in the circumstances, the most appropriate place available to accommodate the patient.